RADIOJanuary 30, 2023

Attorney: THIS is what’s DEEPLY wrong with new ATF gun rule

A new ATF ruling may turn as many as 40 MILLION Americans into felons. The rule, which concerns firearm pistol braces, doesn’t leave law-abiding gun owners with many options to obey: Either destroy the firearm, turn it in, or apply for a tax stamp that likely would take years to receive — within the next 120 days. Stephen Stamboulieh, Attorney for Gun Owners of America, joins Glenn to explain exactly what’s going on at the ATF, how YOU might avoid felony charges if affected, and specifically what it is about this new ruling makes him ‘wholly uncomfortable.’

Transcript

Below is a rush transcript that may contain errors

GLENN: We have Stephen Stamboulieh, on the phone with us. Stephen, welcome to the program. How are you, sir?

STEPHEN: I'm doing well. It's an honor to talk to you, Glenn, and even Stu.

STU: Wow. Wow.

GLENN: And even Stu.

STU: Don't lower yourself, Stephen. It's terrible.

GLENN: I've lost so much respect for you already. Hey, I watched your YouTube show, I think it was from the shot show last week.

STEPHEN: Yes.

GLENN: And I am trying to even understand what is going on, with the pistol brace rule. Because this could make 40 million Americans felons.

STEPHEN: Right.

GLENN: Has -- has this -- is this -- is this in effect now, as the clock started to tick. Where are we on this?

STEPHEN: Okay. So on Friday the 13th, they put out this final rule. But did not publish it in the Federal Register. I got back late Friday night.

I have not even checked the Federal Register, to see if it's, quote, published in the Federal Register.

But publishing it in the Federal Register, starts the clock ticking for you to do the things you need to do, to either remain compliant with the law.
Or their new law, that they just created.

Because, well, they hate all of us. Or, you know, turn in your rifle. Your pistol, whatever.

Or just ignore it, and become a felon. And go spend some time.

GLENN: Jeez.

Okay. So it could have started? We don't know yet. We can find out.

Can you see -- how do you check the Federal Register? I don't even -- how do you do that? Can the average person do that?

STEPHEN: Yeah. And that's exactly what they say. Is the average person has -- their -- their -- I can't even remember the exact language. But once it's published in the Federal Register, everyone is just deemed to be on notice, that it's been published on the Federal Register. And have knowledge of what's in the Federal Register. Even though most people don't have this masochistic streak, where they want to punish themselves by reading thousands of pages of bureaucratic regulations.

GLENN: Correct.

STU: I'm just about -- I'm on the page to search for it.

And there's 908,512 documents, which surely, I know everything that is in those documents.

GLENN: Well, you would if you were responsible and you check it every morning, like I do.

So what do you search for in this? Do you just search for, you know, bad guns?

STU: Evil gun.

GLENN: The -- the stabilizing braces?

STEPHEN: Stabilizing braces, correct.

GLENN: Okay. Look for stabilizing braces. Okay.

So once this has been published, we have 120 days to either get rid of the gun. Let me actually read this to you. This was the way it was pushed today.

Let's see, that you can get rid of the brace. Destroy -- get the tax stamp. Which is impossible. And you can explain that later. At least in time to comply.

Or destroy the pistol brace. Or you can -- or you can turn your if one into the ATF. I don't even know where the ATF is. Or you can go to prison.

So can we destroy the pistol brace?

STEPHEN: So they say that you can destroy the pistol brace. And the ATF has various methods of how you're supposed to destroy it. I mean, the easiest thing would be to crush it up. Throw it away, right?

But, yeah. That is one of your options. You can absolutely destroy your firearm, if you're so inclined to do. And you can 100 percent turn in your firearms to the ATF. I'm sure they would appreciate free guns.

GLENN: Oh, free guns. Last thing.

STEPHEN: Right. Well, for them. Right. The other thing they tell us to do, is since they're so kind. And so gracious. They're going to allow us this one time opportunity to get a free tax stamp. And, Glenn, you spoke about how hard it was to get a tax stamp. You know, you're looking at over -- over a year wait.

I mean, it's like a year wait right now. Before they want to add --

GLENN: 40 million. Right.

STEPHEN: Right. And if you take the ATF number, it's 3 million. If you take congressional research services, you know, bipartisan. They say up to 40 million.

Let's go with 40 million, right? Or anywhere in between, it doesn't matter. They're going to over -- just completely inundate the system with people trying to comply, right?

Because most citizens want to comply with the law, so they don't get their door kicked in. Their dog shot. And their gun seized. So, yeah. It's not going to happen within a year. I mean, maybe two years.

GLENN: Maybe. And you are a felon, if you have it, in those two years. Correct?

Even if they apply.

STEPHEN: So the way they say this. And this is what gives me so much heartburn over this. They're saying, we were wrong when we told you over and over and over again, that a braced pistol is not a short-barreled rifle.

It's always been a short-barreled rifle. We just said the wrong thing. And it's our bad, sorry.

So you're a felon if you have it now. But since we're such nice people. If you go through the process of registering it, right?

So you go and you do your E form one, or your paper form. Whatever. And you submit this to the ETF, along with your photographs and your fingerprints. Your address. And a picture of a firearm.

We will deem you to be in compliance, even though you have a short-barreled rifle. Because you've said it's a short barreled rifle.

Because they said it's a short-barreled rifle, and you don't have a tax stamp for it.

You are for saying in violation of the law.

But they're going to use their enforcement discretion to not come after you, assuming you do the things they tell you to do.

GLENN: Well, the ATF has also warned, reading from the article.

Americans with Pistol Braces are likely already violating the National Firearms Act by possessing an unregistered rifle with a barrel less than 16 inches.

To they're -- they're already saying, yeah. Even if you're doing all this, you're probably already a felon. This is madness.

STEPHEN: You're already committing the crime. You've committed the crime, by having, with their new definition, a brace pistol that fits into one of their multiple subjective criteria. You are committing the felony now.

And that's why they use enforcement discretion. Because you only use enforcement discretion, if you're violating the law. There's no need to use enforcement discretion, if you're not in violation of any law.

Because there's nothing to enforce.

GLENN: So let me -- so what do we do?

Because I don't think -- I mean, this can't pass a test in the courts.

I mean, it would maybe in California or New York.

But it's not going to -- even the ninth circuit, would probably even overturn this. Do we have time -- what do you do? Do you just sit here and wait it out?

STEPHEN: You know, that's a good question. What do you do? I'm wholly uncomfortable admitting to the ATF, that I have committed a felony, even though they said, they're not going to prosecute me. And their enforcement discretion. Because that changes. You've seen from almost everything the ATF does. They constantly change their minds. Along at the bump stocks. Look at the 80 percent lowers. Now look at the pistol brace. They have a demonstrable history of being wrong, and changing their mind on everything. So what's to stop them from changing their mind on enforcement discretion or saying, well, Mr. Beck, you just didn't do it good enough, and now we're going to prosecute you.

So, I mean, to answer your question, what did you do?

I mean, there's going to be some organization that will be suing them on this. Pretty soon.

GLENN: Okay. I can't imagine what that organization would be. But...

Okay.

STEPHEN: Right. Right. It's a secret to everybody.

GLENN: Yeah. It wouldn't be the gun owners of America, I'll tell you that right now.

Okay. So some organization is going to be suing them.

And how is that -- how long is that going to take?

STEPHEN: Well, it depends on -- on -- on -- oh, gosh.

So many different things.

You know, we would -- the organization would absolutely seek a temporary restraining order in a preliminary injunction throughout the litigation. Right?

So if that organization could get the rule held in, you know, abeyance law.

The court is deciding whether or not, the ATF can willy-nilly change its mind on everything.

Within 120 days, we would expect to have some kind of answer.

And 120 days is plenty enough time for the court to decide, whether or not to hold -- hold a rule, and, you know, just enjoying it, pending litigation.

I mean, it's plenty of time for them to do that.

STEPHEN: And it gives them 120 days. And it gives you lots of opportunity, in case they go against you. Can you give -- like, for instance, I live in two different counties. And I love my sheriffs.

And, you know, until this thing is worked out. Can I just go to my sheriff and say, here take this.

You can use this.

If it turns out to be a felony to own it, you guys take it. And you guys use it.

But I -- I don't want to possess it.

Because I am -- I would be the perfect target. You know what I mean?

They're not going to throw 40 million people in prison. But they will throw maybe a couple of hundred.

And that will teach everyone else. You can do this to them. We're coming for you.

STEPHEN: Right. You can absolutely turn it into your sheriff for, quote, safekeeping. While you're paying attention to what we're doing in the courts, to see if we're successful in the courts. I don't know why we wouldn't be.

I mean, this is just so --

GLENN: Obvious.

STEPHEN: It's like the definition of arbitrary and capricious. If you open up a dictionary, it would have a picture of the ATF right there.

GLENN: Yeah. But you would also have -- if this passes, then they can say, all semiautomatics.

I mean, Joe Biden is already saying, semiautomatic handguns are a problem. There's no use for them. That's every gun sold, unless you're buying an old western gun.

STEPHEN: Right. And that's funny that you say that. It just jogged my memory. I think it was the Sixth Circuit GOA bump stock case, the senior deputy counsel for DOJ could not answer whether or not all semiautomatic firearms were machine guns. Like all AR-15s.

GLENN: Right. Right.

STEPHEN: When the court asked him, h's like, I'm not prepared to answer them. And I thought, well, by God, that's a really easy question. No. The answer is no.

GLENN: Right. Right. But if you don't answer it now, you can answer it when you do it in a rule.

I mean, is this the first time that you've seen something that hasn't had a grandfather clause in it?

STEPHEN: No. Because look at bump stocks, right? After Trump directed the DOJ and the ATF to basically strike bump stocks with a pen. You know, all of them, turn them in. Mr. and Mrs. America. You're now felons.

And you've always -- this bump stock. Even though we said, prior to this, it was legal. One hundred percent legal, not a machine gun.

I know this is a common theme with the ATF.

We were wrong. And they are actually machine guns, and we are going to use our enforcement discretion, not to come after you.

However, you can't register them, because 18 USC 9220 does not allow you to have new machine guns, just prior to 1986 machine guns.

GLENN: Okay. So --

STEPHEN: You can still own a machine gun.

GLENN: Does the fact that that wasn't challenged, or did it lose --

STU: Can we say the fact that Republicans have rolled over as Trump did this and said nothing about it.

GLENN: Right. Does that hurt us on this now?

STU: Now there's more precedent for it.

GLENN: Well, what's great about the bump stock stuff, is in the Sixth Circuit, GOA 1 at the panel.

At like the three-judge panel stage, and basically, the court really just called out the ATF. And said, you can't do this. And then when -- basically, the full court. They evenly split, and an even split say bad thing. If you lose in the trial court.

Because what it does, is it affirms the trial court ruling, because the -- the court couldn't free on how it was. However, a Fifth Circuit came in for the win a couple weeks ago in the cargo case.

And basically, involved 13-3, told the ATF, bump stocks are not machine guns.

So, you know -- you know, your move to ATF.

So the circuits are split on that because all of the different circuits can't agree. And what does that do?

It sets you up for the perfect Supreme Court case.

Because you can't have Texas, Mississippi, and Louisiana, apply one federal law one way, and then the other states applying it a different way.

So the Supreme Court is going to have to step in and resolve that circuit split. Because that's a pretty big deal.

STU: Of course, all these companies that are making these things are now out of business. Right?

You know, three years down the line.

Yeah. It's like -- this is the process, which is the punishment half the time.

GLENN: So we've been talking about Stephen Stamboulieh. And he's with the Gun Owners of America.

You can follow all of the information at gunowners.org. Gunowners.org. Or you can follow Stephen on his Twitter handle @Stambo2A. I like -- Stambo2A.

Stephen, thank you so much, I appreciate it. We'll talk to you again.

STEPHEN: Yes, sir. Take care.

GLENN: You bet. Buh-bye.

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Operation Fast and Furious: The TRUE Story of How the Feds were Running Guns into Mexico

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Meet the pro-Intifada candidate NYC Democrats just elected

New York City Democrats just elected 33-year-old Zohran Mamdani, a "socialist Muslim", as the Party's candidate for mayor. But Glenn Beck argues that his radical beliefs are actually communist and Islamist.

Transcript

Below is a rush transcript that may contain errors

VOICE: Z10852. Something weird is going on. The World Trade Center is on fire.

VOICE: Seriously the top of the building. We're trying to get information.

VOICE: Top level of one of the --

VOICE: To unfold from New York City.

VOICE: A plane crashed just --

VOICE: My sister is in that believe. I hope she's okay. I have to come to New York.

VOICE: It's pandemonium.

VOICE: It's raining papers.

VOICE: Wait a minute! Stop just a second. Why are we -- why are we -- I've got breaking news. Breaking news, yesterday. New York City just elected as their mayoral candidate for the left. And the Democrats, a -- a Muslim radical, who is also a communist!

So, you know, it only took you 25 years. It only took you 25 years, New York, to go completely insane.

Somebody who is -- well, I mean, if I might quote Michael malice today. I am old enough to remember when New Yorkers endured 9/11 instead of voting for it.

But you've got a -- you've got a communist jihadist apologist now.

Who was -- you know, well, CAIR put $100,000 behind his bid for New York City mayor.

So you have somebody who is endorsed by CAIR. That's really good.

He also was somebody who said, you know, he was -- he was for the shooting of the United Health Care CEO.

Said he was looking forward to driving down magnum Joan avenue. I don't know. Sounds like supporting people in the streets. Maybe it's just me.

Then he also said that he was going to globalize the intifada, which I think that's -- maybe -- maybe that's just me.

I mean, what do I know?

Tim Miller who is a podcaster. Asked him a few weeks ago. Asked him about his pro Palestinian slogan. Globalized the intifada. And he said, for me, ultimately, what I hear in so many, is a desperate desire for equality and equal rights, in standing up for Palistinian human rights. Oh, is that what you hear, Mr. CAIR?

Really? Huh, that's interesting.

Right. So globalize the intifada.

I mean, I mean, sure, that's -- I mean well, let me go on.

Because I don't want to take him out of context.

He then delved into the semantics of the intifada, citing the United States Holocaust memorial museum's use of a word for a translation for uprising, in an Arabic version of an article, a museum published about the Warsaw ghetto.

Oh!

So this is just a comparison, about the -- the armed rebellion against the Nazis!

I don't know if that makes me feel better!

I mean, if we're globalizing that.

We're the Nazis in this scenario.

Because I don't think it's the Palestinians.

I certainly don't think it's anybody who is like, hey.

Global jihad. I don't think it's those guys.

Or the Nazis. Who are the Nazis in that?

And it seems, if that's what you mean, then it's not just a harmless kind of slogan about human rights. It is a call for violence on the streets.

Because I don't know if you know, that's what happened when the Jews had their uprising against the Nazis.

I'm just saying!

But, hey, hey, free Palestine.

Oh, that's not what that means, gang. That is not what that means, but don't worry about it. He's just going to be possibly the new mayor.

And that's great. By the way, the Columbia faculty members signed a letter defending Hamas.

They were also among the donors to his mayoral campaign.

So, you know, you don't have anything to worry about.

And his father, who used to work at Columbia. Do you know, Stu?

Is his Dad -- is he still a professor at Columbia University?

He said that -- this violent terror thing of Islam, is not a part of Islam. Now, I've read the Koran, and much of the hadith.

And I'm pretty sure the violence is a part of that. But no.

No. This is something entirely new.

And his father while at Columbia university, wanted everybody to know, that this is actually -- this is something that came out of America!

America is really responsible for this.

And, you know, it really started with the Reagan administration, you know, when he started -- when he started with his very religious terms, to finish the war against the evil empire.

So, you know, that's where -- that's where 9/11 came from.

Is what -- don't worry about it! Don't worry about it!

Because who am I? I'm clearly just -- am I an anti-Semite today, or am I an Islamophobic? I can't remember which one.

Oh, it's probably both. Anyway, Islamophobia. Let me just explain Islamophobia. I haven't even gotten to the Communist part of it. Which is really, really -- New York, you're in one for hell of a ride. Buckle up.

It will be a fun rollercoaster for you. My gosh, I've never been happier that I've been away are if New York.

Anyway, I just want I to know, there is Islam. And then there is Islamists. Now, an Islamist is somebody who really wants Sharia law.

That's political Islam!

That's not a faith. That's political Islam.

Now, let me make really -- something really clear. Criticizing Islamism, is not Islamophobia. Pointing out the dangers of, oh. I don't know.

Political Islam. The ideology that seeks to use the tools of democracy, ultimately to destroy democracy, is not an attack on Muslims.

No. Uh-uh.

You know why?

Because Muslims are often the first people in line.

The first victims of the ideology.

So let's draw a bright, bright line between Islam as a faith, millions of people can practice that faithfully and peacefully.

It's mostly peaceful, okay?

Then there's the Islamism.

Islamism is something entirely -- that's a political project.

A theocratic political -- oh. Left loves theocracies. They love it.

Of course, you never see a problem with it.

See it when an Islamist is touting it. Anyway, it's not about prayer. It's not about fasting. It's not about spiritual life.

It's all about power. It's about merging of mosque and state. It's about implementing Sharia, not as a personal code of conduct. But as a governing legal system.

And it's -- it's supremacy.

Absolutely. Faith.

Religion.

It's -- there's one thing that's supreme.

It's misogynistic.

Deeply intolerant of all kinds of things.

Descent. Secularism. Other faiths. Even competing interpretations from inside the faith itself.

It will behead them too.

So let's -- let's be honest here for a second.

You know, CAIR should be labeled an international terror organization.

In my opinion. In my opinion.

Oh, does that make me -- that makes me an Islamophobe. I'm sure. I'm sure they will start a campaign against me on being an Islamophobe.

Stand in line, guys. You've been doing it since 2001, okay?

I don't really care. And I don't think the American people. I think that record, all the grooves are worn-out on that one, okay?

This is not a religion we're talking about. When we're talking about Sharia law. And we're talking about globalize the intifada. What does that mean, actually, to globalize it?

Does that mean we now want to do what is happening to Israel? All over the world?

Has the Palestinian plight become our plight you now, as Americans?

That there has to be an intifada here!

Because it's the kind of the same. You know. It's kind of the same over, you know, with what the Palestinians are going through.

Well, it's very much like what the Jews went through with the Nazis.

That's a weird one. That one makes my head hurt. It's very much the same as that. And very much the same as the fight against Donald Trump.

Oh, this is going to be fun. It's fun!

Really fun. You know, the irony here is, the ones that will scream Islamophobia the most, are the ones in the progressive left, the champions of feminism, LGBTQ rights. And secularism.

They're going to -- no. You want -- they're going to stand with the people, who want to kill them first.

See, this is how smart they are!

This is why it's going to work out well, in New York City.

Let me just say. If you have an ounce of common sense, you run a business, you have an ounce of wealth. And I don't mean wealth like, you know, hey, Lovey.

Let's get on the boat for a three-hour tour with a suitcase full of cash. I mean you saved anything, anything, get the hell out of New York City.

I mean, this is about survival. This is about free speech. This is about women's rights.
Religious pluralism. Secular legal systems. Liberal democracy.

But it's also about failed principles of Communism. Okay?

First, you have to call out political Islam for what it is. Okay?

And we have to do it with the clarity that we call out white nationalism.

Got to do it with that. Got to -- you know, the Klan. Really bad people.

Really bad people.

Anybody who is shouting for globalized intifada?

Pretty bad. Pretty bad people.

Okay?

Now, let's get to communism.

Because that's another cool, cool angle of the new Democratic candidate for -- for mayor of New York City.

That I just -- I think is cuddly and cute. Sure, it led to 100 million deaths. But this time, New York is going to be radically different. Oh, did I use the word radical?

I didn't mean to use that. What's radical about this guy?

Nothing. He's just like you!

Well, not exactly.

But let's talk about communism, next!

Now, the new mayoral candidate that's running there in New York City. That so many young people rushed to defend and vote for. He's promising free buses.

That's going to work out.

Where are you going to get the money for free buses.

It's free!

City-run grocery stores.

Oh, rent freezes. And finally somebody has done it. A 30-dollar minimum wage.

So under the banner of equity. And, you know, we will tax the wealthy. And the corporations. You know, we're going to squeeze another $10 billion out of them.

Really?

Because they're going to call a U-Haul.

You know, they will call something like U-Haul. There will be a lot of -- there will be a lot of movers that are like, how do I get the truck back from Texas or Florida back up to New York? Nobody is moving up there.

But he's going to do it.

Now, his vision isn't really new. You know, just -- just tax people, so we could have city-run grocery stores. You know, I remember -- I'm old enough to remember those city-run grocery stores in Moscow.

They were great.

The shelves were empty.

But that's just Moscow.

It worked out completely different in Venezuela.

Where, oh, no.

It didn't. That's right. The grocery store.

They were eating the zoo animals.

But it will be different in New York.

Because they have rent controls too.

And that will just choke the housing supply, but don't worry. As a young family.

You know, you voted for it.

You know better.

It will work this time.

So, you know, I like building ideas, I just don't like usually building on the graves of 100 million people.

But, you know, why not? Why not?

You know, use this dogma.

And this time, it will be different. It's not like it was in China. Where the great leap forward, was a gross -- a gross parody of progress. Venezuela, which was oil rich. One of the richest nations in the hemisphere now sees 90 percent of its population in poverty!

Yeah. Darn it. You know what they did?

They decided to take state control of things.

You know, like grocery stores. And it worked out well. How is that free busing working out in Venezuela?

I just want to -- I just want to know.

Anyway, then you've got the globalize the intifada. Which is going to drop a little violence in, and anti-Semitism in with your communism.

Which is weird!

Because violence and anti-Semitism, always happen. When it -- when it comes to -- when it comes to communism.

This is weird!

I've got to play something for you. Because this has talked about on me earlier this morning.

Oh, wow.

Wait a minute. This is -- this is the whole coalition coming together here.

So this is going to be good. New York, this is going to be great.

It's going to be great for you.

No. He's going to uplift you. Then the social fabric of New York City is just going to be -- just one.

It's going to be fantastic. Don't worry about your 120 billion dollars in debt. Or your 10 billion-dollar deficit that you have right now.

You are going to charge the rich more taxes, and they will stay right there.

They will be like, you know what, that 46 percent in taxes that I'm paying, this is just not enough. It's just not enough.

I need to pay 60 or 70 percent to be able to pay my fair share. So that's good. That's good. That's good.

You know, they're not risking 100 million people. It's just 8 million people.

This time, it's just 8 million people.

But, hey. For those of you in upstate New York. That aren't going to be part of this experiment.

Don't worry, you get to pay for it. Because they'll kick it up to the state. The state will have to subsidize everything. And don't you love it?

Really, don't you want to subsidize the really crazy ideas of New York City?

I mean, why don't you have a -- why don't you have a democratic socialist. A/k/a communist mayor.

Why haven't you done that? Are you not progressive enough? Are you not looking into the future?

Are you stuck in the past?

I don't know. I don't know. The graveyard is pretty big. I have a hard time getting past that one. You know, yeah, so I'm stuck in the past. Because I can't seem to pass that graveyard, and get to be down the path with you. But it's going to be a paradise.

Forget arithmetic. You know, or human nature. This time, it's going to work. It's going to work. So all right!

Wish I lived in this morning.

No wait. Nope. I don't. Nope, I don't.

And Ted Cruz, stop it. Stop writing, hey, come to Texas. No. No. Don't come to Texas. Don't come to Florida. Go to California. It's beautiful this time of year. Go there. Go there.